Hipple v. Laird

Supreme Court of Pennsylvania January 3, 1899

Hipple v. Laird, 189 Pa. 472 (Pa. 1899)

42 A. 46; 1899 Pa. LEXIS 671

Cueiam, Dean, Fell, Green, McCollum, Mitchell

Opinion of the Court

Pee Cueiam,

The learned judge of the court below refused to open the judgment in this case because he did not consider the affidavit of defense sufficient to prevent judgment. That was a very good reason for refusing to open the judgment. Upon exam*474ining the affidavit we find that it was insufficient to prevent judgment for the very reasons stated in the opinion of the court. That being so, there was no error in the refusal of the court to open the judgment.

Reference

Full Case Name: M. F. Hipple, trading as M. F. Hipple & Co. v. William M. Laird
Cited By: 15 cases
Status: Published
Syllabus: Judgment—Opening judgment—Affidavit of defense. Where a judgment has been entered for want of an affidavit of defense, and an affidavit is thereafter filed, the court will not open the judgment if it appears upon an inspection of the affidavit that it is insufficient to prevent judgment. Broker—Beal estate broker—Commissions. A real estate broker has earned his commission when he procures a party with whom his principal is satisfied, and who actually contracts in writing for the property at a price satisfactory to the owner, although the purchaser may afterwards attempt to avoid the contract of purchase.